HOME | LAW WORKS®ABOUT USFRANCHISE LAWBUSINESS DISPUTESOUR IMPORTANT COURT CASESWHAT’S NEWCONTACTCHANGEDIRECTIONSWEBSITEDIRECTIONSWEBSITE Focus: Law Works P.C. is one of Ontario’s select few regional boutiques focused on franchise and business disputes. We advise parties at all levels of franchising, from large and sophisticated systems, all the way to small local business owners. We represent international and Canadian franchisors, master franchisees, multi-unit

franchisees

LAW WORKS®

Franchise & Business Law Firm. By: Anthony Pugh, Law Works Editor: Ben Hanuka, Law Works In Wheatberries Bakery Ltd. v Tracy’s Cafe Langdale Limited, a February 19, 2021, decision of the Supreme Court of British Columbia, the court allowed a licensor’s claim against a former licensee for damages based on termination of the licence agreement without notice.

BEN V. HANUKA

Ben Hanuka is principal of Law Works PC (Ontario)/Law Works LC (British Columbia), a boutique law firm focusing on the resolution of franchise and commercial disputes through litigation, mediation and arbitration. Member of the Ontario and British Columbia Bars; holds JD and LLM degrees from Osgoode Hall Law School in Toronto; certified by

the

RESCISSION CLAIMS AND DAMAGES Rescission under Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000, and comparable franchise disclosure legislation in other provinces, is a dramatic remedy.It entitles a franchisee to compensation of all his or her investment in the franchised business. This includes the purchase price of the franchised business, the cost of setting it up, the cost of inventory and supplies, all GETTING OUT OF A FRANCHISE AGREEMENT: TERMINATION ANDSEE MORE ON

LAWWORKS.CA

UPCOMING AMENDMENTS TO THE ARTHUR WISHART ACT (FRANCHISE This article was originally published in The Lawyer’s Daily on July 22, 2020, under the same title. The assistance of Anthony Pugh,

Associate at Law

TERMINATING A FRANCHISE AGREEMENT: A PRIMER Terminating a franchise agreement, or getting out of the franchise relationship, is a legal result that franchisees and franchisors often seek. How to get out of a franchise agreement or franchise contract is often asked by franchisees who are “disenfranchised” (pardon the pun) by the experience of owning a franchised business. SUPREME COURT FAVOURS ENFORCING COMMERCIAL NON-COMPETE Intro Non-compete agreements or covenants, and more broadly restrictive covenants, are frequently used in the business context to restrict one party from competing with another after the happening of a certain event, typically the termination of a business relationship. Canadian courts have, for over a century, balanced the legal policy against enforcing restraints of trade, which are FRANCHISEES CLOSING DOWN: PROBLEMS WITH GETTING HELP Law Works’ Franchise Law Blog does not provide legal advice. For more information about Law Works’ expertise and how we may be able to help you, please contact Ben Hanuka at ben@lawworks.ca or by phone at (855) 978-5293. Tags : Winding-down. FRANCHISOR CANNOT ENFORCE RESTRICTIVE COVENANT IN A The Ontario Court of Appeal released an interesting decision recently in a case involving the enforceability of a non-competition covenant in a franchise dispute involving the HOME | LAW WORKS®ABOUT USFRANCHISE LAWBUSINESS DISPUTESOUR IMPORTANT COURT CASESWHAT’S NEWCONTACTCHANGEDIRECTIONSWEBSITEDIRECTIONSWEBSITE Focus: Law Works P.C. is one of Ontario’s select few regional boutiques focused on franchise and business disputes. We advise parties at all levels of franchising, from large and sophisticated systems, all the way to small local business owners. We represent international and Canadian franchisors, master franchisees, multi-unit

franchisees

LAW WORKS®

Franchise & Business Law Firm. By: Anthony Pugh, Law Works Editor: Ben Hanuka, Law Works In Wheatberries Bakery Ltd. v Tracy’s Cafe Langdale Limited, a February 19, 2021, decision of the Supreme Court of British Columbia, the court allowed a licensor’s claim against a former licensee for damages based on termination of the licence agreement without notice.

BEN V. HANUKA

Ben Hanuka is principal of Law Works PC (Ontario)/Law Works LC (British Columbia), a boutique law firm focusing on the resolution of franchise and commercial disputes through litigation, mediation and arbitration. Member of the Ontario and British Columbia Bars; holds JD and LLM degrees from Osgoode Hall Law School in Toronto; certified by

the

RESCISSION CLAIMS AND DAMAGES Rescission under Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000, and comparable franchise disclosure legislation in other provinces, is a dramatic remedy.It entitles a franchisee to compensation of all his or her investment in the franchised business. This includes the purchase price of the franchised business, the cost of setting it up, the cost of inventory and supplies, all GETTING OUT OF A FRANCHISE AGREEMENT: TERMINATION ANDSEE MORE ON

LAWWORKS.CA

UPCOMING AMENDMENTS TO THE ARTHUR WISHART ACT (FRANCHISE This article was originally published in The Lawyer’s Daily on July 22, 2020, under the same title. The assistance of Anthony Pugh,

Associate at Law

TERMINATING A FRANCHISE AGREEMENT: A PRIMER Terminating a franchise agreement, or getting out of the franchise relationship, is a legal result that franchisees and franchisors often seek. How to get out of a franchise agreement or franchise contract is often asked by franchisees who are “disenfranchised” (pardon the pun) by the experience of owning a franchised business. SUPREME COURT FAVOURS ENFORCING COMMERCIAL NON-COMPETE Intro Non-compete agreements or covenants, and more broadly restrictive covenants, are frequently used in the business context to restrict one party from competing with another after the happening of a certain event, typically the termination of a business relationship. Canadian courts have, for over a century, balanced the legal policy against enforcing restraints of trade, which are FRANCHISEES CLOSING DOWN: PROBLEMS WITH GETTING HELP Law Works’ Franchise Law Blog does not provide legal advice. For more information about Law Works’ expertise and how we may be able to help you, please contact Ben Hanuka at ben@lawworks.ca or by phone at (855) 978-5293. Tags : Winding-down. FRANCHISOR CANNOT ENFORCE RESTRICTIVE COVENANT IN A The Ontario Court of Appeal released an interesting decision recently in a case involving the enforceability of a non-competition covenant in a franchise dispute involving the CONTACT | LAW WORKS® Law Works Toronto Phone: (416) 899-4147. Book a free consultation today. Vancouver Office. 1285 West Broadway, Suite 600, Vancouver, BC. V6H 3X8. Law Works Vancouver Phone: (604) 262-1711. Book a free consultation today. Vaughan Branch Office. FRANCHISE LITIGATION AND APPEALS We represent parties in all aspects of the litigation process, from start to completion, including the following: Conducting an initial assessment of the case, issues, facts, evidence and applicable law and formulating the theory of the case. Drafting Pleadings (Statement of Claim, Statement of Defence, Counterclaim, Reply) TOP FIVE FRANCHISE TERMINATION CONSIDERATIONS Top Five Franchise Termination Considerations. If you are an existing franchisee within any franchise system operating in Canada, at one point or another you are bound to want to find out what it takes to get out of your franchise agreement. You will want to know what would result from your franchise agreement being terminated. CERTIFICATE, FINANCIAL STATEMENTS AND COSTS: A DISCLOSURE Posted on Jan 15 2014. This part of the Law Works Disclosure Document Primer Series examines the franchisor’s certificate, financial statements and setup costs requirements. A franchisor doing business in Ontario is required to deliver to a prospective franchisee a fully compliant Disclosure Document under the provisions of the Arthur

Wishart

FRANCHISE RESCISSIONS IN ONTARIO: A DISCLOSURE DOCUMENT As noted by way of an introduction to the critical statutory franchise rescission remedy in Ontario in a Law Works Franchise Justice Blog Post on September 8, 2013, “Terminating a Franchise Agreement: A Primer“, if a franchisor fails to deliver a disclosure document as required under Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000 and its Regulation, General Ontario Regulation PUNITIVE DAMAGES MUST BE ASSESSED BASED ON Punitive Damages Must Be Assessed Based On Compensatory Awards. In a split decision released on November 5, 2013, a majority of the Court of Appeal for Ontario ruled in Pate Estate v. Galway-Cavendish and Harvey (Township), 2013 ONCA 669 that when assessing punitive damage awards, trial judges must look to the total compensation and costs FRANCHISOR CANNOT ENFORCE RESTRICTIVE COVENANT IN A The Ontario Court of Appeal released an interesting decision recently in a case involving the enforceability of a non-competition covenant in a franchise dispute involving the A COMPARISON OF FRANCHISE RESCISSION AND MISREPRESENTATION A misrepresentation claim does not seek to cancel or reverse the franchise purchase, but merely seeks damages for losses, whether past or future. The franchisee is technically able to continue owning and operating the franchised business (whereas a rescission generally is consistent with a return of the franchised business to the

franchisor).

FRANCHISE RESCISSION Author: Anthony Pugh, Student-at-Law, Law Works P.C. Editor: Ben Hanuka. In Giroux et al. v. 1073355 Ontario Limited o/a Schooley Mitchell Telecom Consultants et al., a decision based on a motion for summary judgment released on January 5, 2018, a judge of the Ontario Superior Court of Justice granted rescission under subsection 6(2) of the Arthur Wishart Act (Franchise Disclosure), COURT DISMISSES FRANCHISEE’S INJUNCTION APPLICATION Author: Robert Jones, Law Works P.C. Editor: Ben Hanuka, Law Works P.C. In Azmoon Trading Inc. v. Caffe Demetre Franchising Corp., a May 15, 2018, decision of the Ontario Superior Court, the court refused to grant the franchisee’s application for an injunction to restrain the franchisor from acting on its notice of termination of the franchise

agreement.

HOME | LAW WORKS®ABOUT USFRANCHISE LAWBUSINESS DISPUTESOUR IMPORTANT COURT CASESWHAT’S NEWCONTACTCHANGEDIRECTIONSWEBSITEDIRECTIONSWEBSITE Focus: Law Works P.C. is one of Ontario’s select few regional boutiques focused on franchise and business disputes. We advise parties at all levels of franchising, from large and sophisticated systems, all the way to small local business owners. We represent international and Canadian franchisors, master franchisees, multi-unit

franchisees

LAW WORKS®

Franchise & Business Law Firm. By: Anthony Pugh, Law Works Editor: Ben Hanuka, Law Works In Wheatberries Bakery Ltd. v Tracy’s Cafe Langdale Limited, a February 19, 2021, decision of the Supreme Court of British Columbia, the court allowed a licensor’s claim against a former licensee for damages based on termination of the licence agreement without notice.

BEN V. HANUKA

Ben Hanuka is principal of Law Works PC (Ontario)/Law Works LC (British Columbia), a boutique law firm focusing on the resolution of franchise and commercial disputes through litigation, mediation and arbitration. Member of the Ontario and British Columbia Bars; holds JD and LLM degrees from Osgoode Hall Law School in Toronto; certified by

the

RESCISSION CLAIMS AND DAMAGES Rescission under Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000, and comparable franchise disclosure legislation in other provinces, is a dramatic remedy.It entitles a franchisee to compensation of all his or her investment in the franchised business. This includes the purchase price of the franchised business, the cost of setting it up, the cost of inventory and supplies, all GETTING OUT OF A FRANCHISE AGREEMENT: TERMINATION ANDSEE MORE ON

LAWWORKS.CA

CERTIFICATE, FINANCIAL STATEMENTS AND COSTS: A DISCLOSURE Posted on Jan 15 2014. This part of the Law Works Disclosure Document Primer Series examines the franchisor’s certificate, financial statements and setup costs requirements. A franchisor doing business in Ontario is required to deliver to a prospective franchisee a fully compliant Disclosure Document under the provisions of the Arthur

Wishart

TERMINATING A FRANCHISE AGREEMENT: A PRIMER Terminating a franchise agreement, or getting out of the franchise relationship, is a legal result that franchisees and franchisors often seek. How to get out of a franchise agreement or franchise contract is often asked by franchisees who are “disenfranchised” (pardon the pun) by the experience of owning a franchised business. FRANCHISEES CLOSING DOWN: PROBLEMS WITH GETTING HELP Law Works’ Franchise Law Blog does not provide legal advice. For more information about Law Works’ expertise and how we may be able to help you, please contact Ben Hanuka at ben@lawworks.ca or by phone at (855) 978-5293. Tags : Winding-down. SUPREME COURT FAVOURS ENFORCING COMMERCIAL NON-COMPETE Intro Non-compete agreements or covenants, and more broadly restrictive covenants, are frequently used in the business context to restrict one party from competing with another after the happening of a certain event, typically the termination of a business relationship. Canadian courts have, for over a century, balanced the legal policy against enforcing restraints of trade, which are A COMPARISON OF FRANCHISE RESCISSION AND MISREPRESENTATION A misrepresentation claim does not seek to cancel or reverse the franchise purchase, but merely seeks damages for losses, whether past or future. The franchisee is technically able to continue owning and operating the franchised business (whereas a rescission generally is consistent with a return of the franchised business to the

franchisor).

HOME | LAW WORKS®ABOUT USFRANCHISE LAWBUSINESS DISPUTESOUR IMPORTANT COURT CASESWHAT’S NEWCONTACTCHANGEDIRECTIONSWEBSITEDIRECTIONSWEBSITE Focus: Law Works P.C. is one of Ontario’s select few regional boutiques focused on franchise and business disputes. We advise parties at all levels of franchising, from large and sophisticated systems, all the way to small local business owners. We represent international and Canadian franchisors, master franchisees, multi-unit

franchisees

LAW WORKS®

Franchise & Business Law Firm. By: Anthony Pugh, Law Works Editor: Ben Hanuka, Law Works In Wheatberries Bakery Ltd. v Tracy’s Cafe Langdale Limited, a February 19, 2021, decision of the Supreme Court of British Columbia, the court allowed a licensor’s claim against a former licensee for damages based on termination of the licence agreement without notice.

BEN V. HANUKA

Ben Hanuka is principal of Law Works PC (Ontario)/Law Works LC (British Columbia), a boutique law firm focusing on the resolution of franchise and commercial disputes through litigation, mediation and arbitration. Member of the Ontario and British Columbia Bars; holds JD and LLM degrees from Osgoode Hall Law School in Toronto; certified by

the

RESCISSION CLAIMS AND DAMAGES Rescission under Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000, and comparable franchise disclosure legislation in other provinces, is a dramatic remedy.It entitles a franchisee to compensation of all his or her investment in the franchised business. This includes the purchase price of the franchised business, the cost of setting it up, the cost of inventory and supplies, all GETTING OUT OF A FRANCHISE AGREEMENT: TERMINATION ANDSEE MORE ON

LAWWORKS.CA

CERTIFICATE, FINANCIAL STATEMENTS AND COSTS: A DISCLOSURE Posted on Jan 15 2014. This part of the Law Works Disclosure Document Primer Series examines the franchisor’s certificate, financial statements and setup costs requirements. A franchisor doing business in Ontario is required to deliver to a prospective franchisee a fully compliant Disclosure Document under the provisions of the Arthur

Wishart

TERMINATING A FRANCHISE AGREEMENT: A PRIMER Terminating a franchise agreement, or getting out of the franchise relationship, is a legal result that franchisees and franchisors often seek. How to get out of a franchise agreement or franchise contract is often asked by franchisees who are “disenfranchised” (pardon the pun) by the experience of owning a franchised business. FRANCHISEES CLOSING DOWN: PROBLEMS WITH GETTING HELP Law Works’ Franchise Law Blog does not provide legal advice. For more information about Law Works’ expertise and how we may be able to help you, please contact Ben Hanuka at ben@lawworks.ca or by phone at (855) 978-5293. Tags : Winding-down. SUPREME COURT FAVOURS ENFORCING COMMERCIAL NON-COMPETE Intro Non-compete agreements or covenants, and more broadly restrictive covenants, are frequently used in the business context to restrict one party from competing with another after the happening of a certain event, typically the termination of a business relationship. Canadian courts have, for over a century, balanced the legal policy against enforcing restraints of trade, which are A COMPARISON OF FRANCHISE RESCISSION AND MISREPRESENTATION A misrepresentation claim does not seek to cancel or reverse the franchise purchase, but merely seeks damages for losses, whether past or future. The franchisee is technically able to continue owning and operating the franchised business (whereas a rescission generally is consistent with a return of the franchised business to the

franchisor).

ABOUT LAW WORKS

About Law Works. Law Works PC is a business and franchise regional boutique with particular ‎expertise in (i) franchise law, (ii) international and ‎domestic business disputes and arbitration, and (iii) niche industries. Our firm was founded in 2012. For many years before that time, the firm’s principal, Ben Hanuka, an experienced commercial and franchise litigator, led a successful CONTACT | LAW WORKS® Law Works Toronto Phone: (416) 899-4147. Book a free consultation today. Vancouver Office. 1285 West Broadway, Suite 600, Vancouver, BC. V6H 3X8. Law Works Vancouver Phone: (604) 262-1711. Book a free consultation today. Vaughan Branch Office.

LAW WORKS®

Franchise & Business Law Firm. By: Anthony Pugh, Law Works Editor: Ben Hanuka, Law Works In Wheatberries Bakery Ltd. v Tracy’s Cafe Langdale Limited, a February 19, 2021, decision of the Supreme Court of British Columbia, the court allowed a licensor’s claim against a former licensee for damages based on termination of the licence agreement without notice. FRANCHISE LITIGATION AND APPEALS We represent parties in all aspects of the litigation process, from start to completion, including the following: Conducting an initial assessment of the case, issues, facts, evidence and applicable law and formulating the theory of the case. Drafting Pleadings (Statement of Claim, Statement of Defence, Counterclaim, Reply)

POSTS BY LAW WORKS

By: Anthony Pugh, Law Works Editor: Ben Hanuka, Law Works In Wheatberries Bakery Ltd. v Tracy’s Cafe Langdale Limited, a February 19, 2021, decision of the Supreme Court of British Columbia, the court allowed a licensor’s claim against a former licensee for damages based on termination of the licence agreement without notice. QUIZNOS (SITE SELECTION CLASS ACTION) Quiznos (Site Selection Class Action) Full Case Name: Al-Harazi v. Quizno’s Canada Restaurant Corporation (2007) This was the first Ontario class action based on the disclosure requirements in the Arthur Wishart Act (Franchise Disclosure), 2000.. The class was comprised of about 200 franchisees. A COMPARISON OF FRANCHISE RESCISSION AND MISREPRESENTATION There are significant differences between a claim for rescission and a claim for misrepresentation under the Arthur Wishart Act (Franchise Disclosure), 2000, as they apply to franchisees’ potential claims and franchisors’ defences.. A claim for rescission. A claim for rescission seeks a cancellation of the entire transaction and an end to the franchise relationship. TOP FIVE FRANCHISE TERMINATION CONSIDERATIONS Top Five Franchise Termination Considerations. If you are an existing franchisee within any franchise system operating in Canada, at one point or another you are bound to want to find out what it takes to get out of your franchise agreement. You will want to know what would result from your franchise agreement being terminated. FRANCHISE RESCISSIONS IN ONTARIO: A DISCLOSURE DOCUMENT As noted by way of an introduction to the critical statutory franchise rescission remedy in Ontario in a Law Works Franchise Justice Blog Post on September 8, 2013, “Terminating a Franchise Agreement: A Primer“, if a franchisor fails to deliver a disclosure document as required under Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000 and its Regulation, General Ontario Regulation COURT DISMISSES FRANCHISEE’S INJUNCTION APPLICATION Author: Robert Jones, Law Works P.C. Editor: Ben Hanuka, Law Works P.C. In Azmoon Trading Inc. v. Caffe Demetre Franchising Corp., a May 15, 2018, decision of the Ontario Superior Court, the court refused to grant the franchisee’s application for an injunction to restrain the franchisor from acting on its notice of termination of the franchise

agreement.

HOME | LAW WORKS®ABOUT USFRANCHISE LAWBUSINESS DISPUTESOUR IMPORTANT COURT CASESWHAT’S NEWCONTACTCHANGEDIRECTIONSWEBSITEDIRECTIONSWEBSITE Focus: Law Works P.C. is one of Ontario’s select few regional boutiques focused on franchise and business disputes. We advise parties at all levels of franchising, from large and sophisticated systems, all the way to small local business owners. We represent international and Canadian franchisors, master franchisees, multi-unit

franchisees

RESCISSION CLAIMS AND DAMAGES Rescission under Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000, and comparable franchise disclosure legislation in other provinces, is a dramatic remedy.It entitles a franchisee to compensation of all his or her investment in the franchised business. This includes the purchase price of the franchised business, the cost of setting it up, the cost of inventory and supplies, all

BEN V. HANUKA

Ben Hanuka is principal of Law Works PC (Ontario)/Law Works LC (British Columbia), a boutique law firm focusing on the resolution of franchise and commercial disputes through litigation, mediation and arbitration. Member of the Ontario and British Columbia Bars; holds JD and LLM degrees from Osgoode Hall Law School in Toronto; certified by

the

CERTIFICATE, FINANCIAL STATEMENTS AND COSTS: A DISCLOSURE Posted on Jan 15 2014. This part of the Law Works Disclosure Document Primer Series examines the franchisor’s certificate, financial statements and setup costs requirements. A franchisor doing business in Ontario is required to deliver to a prospective franchisee a fully compliant Disclosure Document under the provisions of the Arthur

Wishart

FRANCHISEES CLOSING DOWN: PROBLEMS WITH GETTING HELP Law Works’ Franchise Law Blog does not provide legal advice. For more information about Law Works’ expertise and how we may be able to help you, please contact Ben Hanuka at ben@lawworks.ca or by phone at (855) 978-5293. Tags : Winding-down. GETTING OUT OF A FRANCHISE AGREEMENT: TERMINATION ANDSEE MORE ON

LAWWORKS.CA

TERMINATING A FRANCHISE AGREEMENT: A PRIMER Terminating a franchise agreement, or getting out of the franchise relationship, is a legal result that franchisees and franchisors often seek. How to get out of a franchise agreement or franchise contract is often asked by franchisees who are “disenfranchised” (pardon the pun) by the experience of owning a franchised business. COURT DISMISSES FRANCHISEE’S INJUNCTION APPLICATION Author: Robert Jones, Law Works P.C. Editor: Ben Hanuka, Law Works P.C. In Azmoon Trading Inc. v. Caffe Demetre Franchising Corp., a May 15, 2018, decision of the Ontario Superior Court, the court refused to grant the franchisee’s application for an injunction to restrain the franchisor from acting on its notice of termination of the franchise

agreement.

SUPREME COURT FAVOURS ENFORCING COMMERCIAL NON-COMPETE Intro Non-compete agreements or covenants, and more broadly restrictive covenants, are frequently used in the business context to restrict one party from competing with another after the happening of a certain event, typically the termination of a business relationship. Canadian courts have, for over a century, balanced the legal policy against enforcing restraints of trade, which are FRANCHISE RESCISSION Author: Anthony Pugh, Student-at-Law, Law Works P.C. Editor: Ben Hanuka. In Giroux et al. v. 1073355 Ontario Limited o/a Schooley Mitchell Telecom Consultants et al., a decision based on a motion for summary judgment released on January 5, 2018, a judge of the Ontario Superior Court of Justice granted rescission under subsection 6(2) of the Arthur Wishart Act (Franchise Disclosure), HOME | LAW WORKS®ABOUT USFRANCHISE LAWBUSINESS DISPUTESOUR IMPORTANT COURT CASESWHAT’S NEWCONTACTCHANGEDIRECTIONSWEBSITEDIRECTIONSWEBSITE Focus: Law Works P.C. is one of Ontario’s select few regional boutiques focused on franchise and business disputes. We advise parties at all levels of franchising, from large and sophisticated systems, all the way to small local business owners. We represent international and Canadian franchisors, master franchisees, multi-unit

franchisees

RESCISSION CLAIMS AND DAMAGES Rescission under Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000, and comparable franchise disclosure legislation in other provinces, is a dramatic remedy.It entitles a franchisee to compensation of all his or her investment in the franchised business. This includes the purchase price of the franchised business, the cost of setting it up, the cost of inventory and supplies, all

BEN V. HANUKA

Ben Hanuka is principal of Law Works PC (Ontario)/Law Works LC (British Columbia), a boutique law firm focusing on the resolution of franchise and commercial disputes through litigation, mediation and arbitration. Member of the Ontario and British Columbia Bars; holds JD and LLM degrees from Osgoode Hall Law School in Toronto; certified by

the

CERTIFICATE, FINANCIAL STATEMENTS AND COSTS: A DISCLOSURE Posted on Jan 15 2014. This part of the Law Works Disclosure Document Primer Series examines the franchisor’s certificate, financial statements and setup costs requirements. A franchisor doing business in Ontario is required to deliver to a prospective franchisee a fully compliant Disclosure Document under the provisions of the Arthur

Wishart

FRANCHISEES CLOSING DOWN: PROBLEMS WITH GETTING HELP Law Works’ Franchise Law Blog does not provide legal advice. For more information about Law Works’ expertise and how we may be able to help you, please contact Ben Hanuka at ben@lawworks.ca or by phone at (855) 978-5293. Tags : Winding-down. GETTING OUT OF A FRANCHISE AGREEMENT: TERMINATION ANDSEE MORE ON

LAWWORKS.CA

TERMINATING A FRANCHISE AGREEMENT: A PRIMER Terminating a franchise agreement, or getting out of the franchise relationship, is a legal result that franchisees and franchisors often seek. How to get out of a franchise agreement or franchise contract is often asked by franchisees who are “disenfranchised” (pardon the pun) by the experience of owning a franchised business. COURT DISMISSES FRANCHISEE’S INJUNCTION APPLICATION Author: Robert Jones, Law Works P.C. Editor: Ben Hanuka, Law Works P.C. In Azmoon Trading Inc. v. Caffe Demetre Franchising Corp., a May 15, 2018, decision of the Ontario Superior Court, the court refused to grant the franchisee’s application for an injunction to restrain the franchisor from acting on its notice of termination of the franchise

agreement.

SUPREME COURT FAVOURS ENFORCING COMMERCIAL NON-COMPETE Intro Non-compete agreements or covenants, and more broadly restrictive covenants, are frequently used in the business context to restrict one party from competing with another after the happening of a certain event, typically the termination of a business relationship. Canadian courts have, for over a century, balanced the legal policy against enforcing restraints of trade, which are FRANCHISE RESCISSION Author: Anthony Pugh, Student-at-Law, Law Works P.C. Editor: Ben Hanuka. In Giroux et al. v. 1073355 Ontario Limited o/a Schooley Mitchell Telecom Consultants et al., a decision based on a motion for summary judgment released on January 5, 2018, a judge of the Ontario Superior Court of Justice granted rescission under subsection 6(2) of the Arthur Wishart Act (Franchise Disclosure), CONTACT | LAW WORKS® Law Works Toronto Phone: (416) 899-4147. Book a free consultation today. Vancouver Office. 1285 West Broadway, Suite 600, Vancouver, BC. V6H 3X8. Law Works Vancouver Phone: (604) 262-1711. Book a free consultation today. Vaughan Branch Office. FRANCHISE LITIGATION AND APPEALS We represent parties in all aspects of the litigation process, from start to completion, including the following: Conducting an initial assessment of the case, issues, facts, evidence and applicable law and formulating the theory of the case. Drafting Pleadings (Statement of Claim, Statement of Defence, Counterclaim, Reply) GETTING OUT OF A FRANCHISE AGREEMENT: TERMINATION AND A franchisee who wishes to get out of a franchise agreement through the termination remedy is required to show that the franchisor breached key terms of the franchise agreement. The breach of the franchise agreement has to be extensive and material. The following are additional preliminary key questions (in addition to the restrictive covenants UPCOMING AMENDMENTS TO THE ARTHUR WISHART ACT (FRANCHISE This article was originally published in The Lawyer’s Daily on July 22, 2020, under the same title. The assistance of Anthony Pugh,

Associate at Law

TOP FIVE FRANCHISE TERMINATION CONSIDERATIONS Top Five Franchise Termination Considerations. If you are an existing franchisee within any franchise system operating in Canada, at one point or another you are bound to want to find out what it takes to get out of your franchise agreement. You will want to know what would result from your franchise agreement being terminated. FRANCHISE RESCISSION Author: Anthony Pugh, Student-at-Law, Law Works P.C. Editor: Ben Hanuka. In Giroux et al. v. 1073355 Ontario Limited o/a Schooley Mitchell Telecom Consultants et al., a decision based on a motion for summary judgment released on January 5, 2018, a judge of the Ontario Superior Court of Justice granted rescission under subsection 6(2) of the Arthur Wishart Act (Franchise Disclosure), A COMPARISON OF FRANCHISE RESCISSION AND MISREPRESENTATION A misrepresentation claim does not seek to cancel or reverse the franchise purchase, but merely seeks damages for losses, whether past or future. The franchisee is technically able to continue owning and operating the franchised business (whereas a rescission generally is consistent with a return of the franchised business to the

franchisor).

WHEN DOES THE FRANCHISE TWO-YEAR RESCISSION PERIOD START It is the second time limit – two years from the date of the franchise agreement – that is the focus of this article. The issue is whether the starting time for this two-year period runs from the main franchise agreement, or from a subsequent related agreement (in FRANCHISE RESCISSIONS IN ONTARIO: A DISCLOSURE DOCUMENT As noted by way of an introduction to the critical statutory franchise rescission remedy in Ontario in a Law Works Franchise Justice Blog Post on September 8, 2013, “Terminating a Franchise Agreement: A Primer“, if a franchisor fails to deliver a disclosure document as required under Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000 and its Regulation, General Ontario Regulation COURT DISMISSES FRANCHISEE’S INJUNCTION APPLICATION Author: Robert Jones, Law Works P.C. Editor: Ben Hanuka, Law Works P.C. In Azmoon Trading Inc. v. Caffe Demetre Franchising Corp., a May 15, 2018, decision of the Ontario Superior Court, the court refused to grant the franchisee’s application for an injunction to restrain the franchisor from acting on its notice of termination of the franchise

agreement.

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FRANCHISE LITIGATION AND APPEALS We have acted as counsel in many important precedent-setting court decisions in Ontario.

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FRANCHISE ARBITRATIONS We represent parties in all aspects of Franchise Arbitrations,

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BUSINESS DISPUTES

We represent parties in a broad range of business disputes and corporate/commercial litigation. The head of our firm, Ben Hanuka, is a Certified Specialist in Civil Litigation and has represented a major Canadian bank on various fraud cases. Ben Hanuka brings considerable expertise in a broad range of business disputes, including debtor-creditor rights, class actions, lease agreements, professional negligence, trademark infringement, shareholder disputes, joint ventures, misrepresentations, injunctions, insolvencies and receiverships. We have extensive experience practicing on the Commercial List, Ontario’s specialized court for complex commercial

dispute.

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ABOUT US

Law Works PC is a business and franchise regional boutique with particular ‎expertise in (i) franchise law, (ii) international and ‎domestic business disputes and arbitration, and (iii) niche

industries. ‎

Our firm was founded in 2012. For many years before that time, the firm’s principal, Ben Hanuka, an experienced commercial and franchise litigator, led a successful career in downtown Toronto, at a mid-sized firm, followed by a boutique litigation firm...

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BEN V. HANUKA

Successfully represented clients in leading franchise disclosure cases in Ontario... Read More

JUDICIAL REMARKS

How Ben Hanuka’s advocacy has been treated by judges in court...

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WHAT IS UNIQUE ABOUT LAW WORKS P.C.?

FOCUS:

Law Works P.C. is one of Ontario’s select few regional boutiques focused on franchise and business disputes. We advise parties at all levels of franchising, from large and sophisticated systems, all the way to small local business owners. We represent international and Canadian franchisors, master franchisees, multi-unit franchisees and local single unit franchisees.

DEPTH:

Law Works’ principal lawyer, Ben Hanuka, specializes in franchise litigation: pursuing, defending and resolving franchise disputes, on behalf of franchisors and franchisees. Ben is one of only a handful Ontario litigators with a recognized franchise specialty practice that predates Ontario’s franchise legislation, enacted in 2000. His first reported franchise case was in 2003, among the earliest reported franchise disclosure decisions. In 2005, Ben launched the first Ontario franchise disclosure class action, which was extensively covered in the media. To date, Ben has acted as counsel in some of the leading franchise court decisions which continue to influence the interpretation of aspects of franchise law by Ontario courts and lawyers.

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WHAT’S NEW

BEN HANUKA TO MODERATE LEGAL PROFESSIONAL DEVELOPM... We are pleased to announce that Ben Hanuka will be the moderator of an upcoming legal professional development program for the legal community in British... Read More BEN HANUKA PRESENTS AT THE FRANCHISE CANADA SHOW I... We are pleased to announce that Ben Hanuka presented at the Franchise Tradeshow in Vancouver this past weekend, Saturday November 2, 2019, about franchise... Read More BEN HANUKA RECOGNIZED IN 2020 BEST LAWYERS IN CANA... We are pleased to announce that Ben Hanuka has been recognized in the 2020 Best Lawyers in Canada peer-rated directory in the Franchise Law

category. Read More

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BEN HANUKA’S

LAW FIRM SPECIALIZING IN

FRANCHISE LAW &

BUSINESS DISPUTES.

FRANCHISE LAW BLOG

STATUTORY DAMAGES IN FRANCHISE DISPUTES

Posted by Law Works

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January 27th 2020

This article was originally published in The Lawyer’s Daily on January 20, 2020, under the same title. Read More FRANCHISE BASICS – NON-COMPETE COVENANTS

Posted by Law Works

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February 20th 2020

In this short introductory video, Ben Hanuka discusses some of the factors to analyze if a non-compete covenant is enforceable. https://www.youtube.com/watch? Read More FRANCHISE LITIGATION PRELIMINARY CHECKLIST

Posted by Law Works

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February 6th 2020

This article was originally published in The Lawyer’s Daily on January 20, 2020, under the same title. Read More STATUTORY DAMAGES IN FRANCHISE DISPUTES

Posted by Law Works

|

January 27th 2020

This article was originally published in The Lawyer’s Daily on January 20, 2020, under the same title. Read More FRANCHISE BASICS – NON-COMPETE COVENANTS

Posted by Law Works

|

February 20th 2020

In this short introductory video, Ben Hanuka discusses some of the factors to analyze if a non-compete covenant is enforceable. https://www.youtube.com/watch? Read More

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Law Works PC/Law Works LC is a Franchise and Business Disputes Law Firm located in Ontario and British Columbia, Canada. Emails are designed to keep you current on news and updates for franchise and business disputes. You can unsubscribe at any time - simply Contact Us or click "Unsubscribe" on our emails.